Protection And Legislation To Improve Freedom Of Movement

As a fundamental human right entitled to citizens migratory freedom has been acknowledged by the constitutions, laws of each country as well as international human right treaties. In 1954 the Chinese constitution granted citizens the freedom of migration, but the Regulation of the People's Republic of China in 1958 virtually deprived Chinese citizens of the migratory freedom since then the Chinese constitutions hasn't resumed it.With the deepening reform of economic and political institutions, constraints of migratory freedom have become a huge obstacle hindering the rapid growth of Chinese economy. It violates the requirements of socialist democracy, bounds up personal freedom and advancement of citizens. In a word, constraining migratory freedom is unreasonable and granting migratory freedom to citizens is necessary and caters for the trend. At present advocates for "resuming migratory freedom" speak very loud in every field of the society and migratory freedom has become one of the hot topics in Chinese theoretical circle of constitution. This article mainly discussed from following three aspects restored the freedom to change one' s residence.The first part elaborated the connotation of migratory freedom as well as the historical development. Regarding the migratory freedom connotation, it contains the definition and the nature. Then introduced protection present situation on the migratory freedom of the international law as well as the migratory freedom legislation present situation and the historical development in our country.The second part has mainly analyzed the background and the reason to confirm the migratory freedom. And elaborated to confirm migratory freedom is necessary and feasible.The third part is concerned with the legislative thoughts on citizen' s migratory freedom. First, the author believes that the migratory freedom shall be definitely declared as citizen's fundamental right by the form of constitutional amendment, then the People's Congress shall formulate citizen migration Law and residence management shall change from migration approval to migration registration. Once more, speeds up our country household register system reform. Finally, to perfect the unconstitutional reviewing as well as the judicial relief, the right will be come true.